UNDERPAYING three truck drivers has cost a Dandenong South transport company more than $40,000.
The Federal Circuit Court penalty followed a Fair Work Ombudsman investigation and included a $34,500 fine against Openica Logistics and a further $7100 against its director Vladimir Taseki.
The workers, aged in their 50s, contacted Fair Work for help after being underpaid living away from home allowances.
Two were not paid casual loading and one was not paid for all kilometres driven.
The underpayments took place between 2010 and 2012 and totalled $69,175.
The employees were back-paid in full after Fair Work started legal proceedings.
Judge Grant Riethmuller said the underpayments were significant, particularly in the context of wages for truck drivers.
He said the living away from home allowance had been a feature of the relevant award since 1963.
“The respondents point out that the sleeper cabs in the trucks were assessed by Work Safe as sufficient for fatigue management, although, clearly, requiring the driver to sleep in a cabin is an imposition beyond normal arrangements one would expect for an employee, for example a motel room,” he said.
“It is clear that the living away from home allowance is intended to compensate a driver for these conditions.”
Fair Work Ombudsman Natalie James said the court’s decision sent a message that businesses could expect to face tough penalties for serious or repeat contraventions of their workplace obligations.
